The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1887-06-25
icnt man would be likely to exer.
7over his own. Judgment reversed.

ONSAASG/ - I'm ~ "a SULLIVAN
\ IS. ", S. 4 p. r.. r. COMO. 11G5.
Appeal from District Court, Parish
of Ouachits.
Plaintiff walking on TN elevated
plank walk constructed alongside of
its track at a station by defendant for
use Of passengers and tile public, heard
train approaching behind him and
moved TO the middle of the walk where
he would have been safe from being
struck by any passing car the ordinary
width. The approaching train, how>
ever, was construction train nf pee
uliar build having its brakes attached
to the side of the cars instead of al the
to project some IA inches beyond the
edge of the car. This wheel being OF
the height of the plain tiff's head stuck
him as the train passed and knocked
him senseless, infiicting severe injuries.
Held that plaintiff had the right to
be on the walk and to suppose himself
In safety while occupying it a point
beyond the projection OF sll ordinary
trains, and that he was guilty of no
negligence.
Held that defendants employee see-
ing him there and knowing the extra
ordinary projection OF his brakes was
bound to recognize his danger and
guard against it and hence was guilty
of negligence. The Court Is averse to
increasing the verdicts of juries who
rarely underestimate damages but when
the jury has failed to do justice the
Court in the exercice of its jurisdiction
must do it. The verdict in this case Is
manifestiy insufficient and is increased
from 800 to 5000. Judgment amended.
Allen West & Bush vs. J. L. Nettles,
AdminIstrator.-No. l172.-Appeal
from the District Court, Parish of
MOrehOuse.
In a suit against Rn administrator
ON balance of account the de-
PENDANT reconvenes claiming payment
to succession OF $1,000, proceeds OF cotton
sold and credited In plaintiffs account.
Held that as any allowance made on
defendants demand necessarily in
creased the ordinary balance due plain
tiff this Involves adjustment of entire
account and the whole case is appeal
able.
2. When mercantile accounts have
been closed by rendition and acceptance
without objection the debtor cannot
thereafter object to charges OF per
cent. interest and TO compromising of
interest by capitalization of succession
balances.
3. Such settlement of accounts being
equivalent to payment the debtor Can
only recover usurious charges less than
one year old.
4. Under the 3rd Section of Act No.
Al OF 1882 the consienee from the date
Of consignment under bill of iading
acquires perfect pledge with right to
sell and pay his debt with the proceeds.
Tbs death OK the consignor after the
consignment could not affect such
rights.
s. But no consignment made after
the death of the owner by au unauthor-
lied person could operate to create a
pledge in favor of the consignee. The
death fixed the rights of all creditors
as to the succession property and no
one could acquire any new privilege
thereon. Judgment amended.
State National Bank vs.. Monroe Com
press Co. ct al, vs.. l.. d. Allen, Jr.,
ct al; L. ID. Alexander & Co. VS.. l..
d. Allen, Jr., Ell al.
l. A contract by which an insolvent
debtor in fraud of creditors transferred
to creditor in satisfaction Of his debt
a number of notes and accounts and
paid the difference in cash, if subject
to revocation, must be revoked as
whole and the payment made, though
of n just debt, In money, being part and
parcel OF the illegal contract, must fall
with It.
3. The evidence establishes that part
of tho money delivered consisted of
the Identical bank notes and cash
which the debtor in his capacity as
treasurer OF = corporation had received
from stock holders thereof and which
he had not set aside in Il particular